Behan v. Levitt

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the respondent which denied petitioner’s application for accidental disability retirement benefits. In August of 1971 the petitioner sustained a myocardial infarction as the result of purely personal activities and while he was not on duty. For a period of about 24 hours, beginning the morning of June 9, 1973, the petitioner, while in the performance of his duties as a policeman, encountered emergency situations involving…